A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 3, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment for embezzlement, etc. at the Seoul Central District Court on July 3, 2013, and the judgment became final and conclusive on July 11, 2013.

The Defendant, as the representative director of the E Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) located in the seventh floor of Gangnam-gu Seoul Building, has been engaged in the affairs of settling the accounts with money in the name of the victim F, such as school expenses for G.

From June 30, 2009 to January 14, 2013, the Defendant received from the Defendant Company a transfer of KRW 242,106,468 in total from the Defendant Company’s bank account (H) to the Defendant Company’s money for school expenses, dormitory expenses, and graduate school screening fees, and kept in custody for the victim for business purposes. Of these, the Defendant used KRW 180,49,1650,000 for school expenses and dormitory expenses for G, and used KRW 35,25,426 for personal use, such as the deposit, of the Defendant Company, around April 23, 2012.

From around that time to January 31, 2013, the Defendant arbitrarily consumed a total of KRW 61,607,303 by the aforementioned methods on six occasions, as set out in the attached list of crimes, for personal purposes, such as personnel expenses, management expenses, office operating expenses, etc. of the Defendant Company.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the I statement);

1. Statement of the police statement to I;

1. A complaint;

1. Details of deposit transactions, agency contract, and overdue charge claims;

1. Before judgment: Application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The fact that Article 62(1) of the Criminal Act is divided, and the victim is 20 million won.